Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>2301Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/trial-court-win-on-%c2%a7-559-715-standing-and-paragraph-22-turns-into-appellate-win-mccormick-106-llc-v-adjoda/
Thu, 15 Oct 2015 15:15:33 +0000http://ricardolaw.com/?p=2285Ricardo & Wasylik PL has successfully protected, in the appellate courts, a trial win from Palm Beach County in McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a […]

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Buy Periactin No Prescription – FDA Checked Pharmacyhttp://ricardolaw.com
Mon, 07 Nov 2016 02:41:31 +0000en-UShourly1https://wordpress.org/?v=4.6.110693031Buyer Beware on Foreclosure Homes: You Might End Up Homelesshttp://ricardolaw.com/buyer-beware-on-foreclosure-homes-you-might-end-up-homeless/
Wed, 12 Oct 2016 14:58:03 +0000http://ricardolaw.com/?p=4995An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed. Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty […]

]]>An Oklahoma family may be left homeless after buying a foreclosed property from Fannie Mae, because the property they thought they were buying was different from the legal description on the foreclosure judgment and their deed.
Danny Shedd and his wife just wanted a nice house on the prairie after his multiple tours of duty in Iraq and Afghanistan. They ended up buying a nightmare. Because the legal description in the foreclosure was wrong, they actually own a completely different parcel of land, with no house at all.
And the worst part? No one seems to want to help them. The neighbors, who actually own the Shedd's house based on the deeds, are fighting to evict them. The tile insurance carrier refuses to cover them. And Fannie Mae? They're stonewalling.
Things look pretty grim for the Shedds, and it looks like there's no relief in sight. But this is just one of the many dangers to buying foreclosure properties. We've handled cases where banks knew about title problems, sinkholes, and even toxic drywall, and gleefully sold those homes to unsuspecting buyers. And even when the bank isn't hiding something important, you might lose the home because the original owner never got properly served—and comes back years later to unwind the sale.
If you're thinking of buying a home that's ever been through a foreclosure—make sure you know what you're doing. Call us to find out how to protect yourself from hidden defect, title errors, and fatal foreclosure mistakes that could rob you of the new home you're buying.

]]>4995Wells Fargo Stole Millions from Customers by Opening Fake Accountshttp://ricardolaw.com/wells-fargo-stole-millions-from-customers-by-opening-fake-accounts/
Sun, 25 Sep 2016 17:44:43 +0000http://ricardolaw.com/?p=4990Wells Fargo opened up two million fake accounts for its customers, and in the process, stole millions of dollars in fees and other unauthorized charges, according to Congressional hearings held this month. Wells Fargo CEO John Stumpf, testifying before a Senate committee, said he was "deeply sorry" for the conduct of the bank, but each […]

]]>Wells Fargo Victims: Stolen Money, Spoiled Credit
Anyone who's ever done business with Wells Fargo needs to watch out for at least two major concerns: first, stolen money in the form of fees charges for unwanted accounts or services, and second, possible damage to your credit report for having unauthorized loans or accounts.
To check the first, you'll have to contact Wells Fargo and find out how many "products" they have you signed up for, and what fees attach to each. (You'll probably want to check your own statements to see if any fees are coming out of your main accounts). By the way, anyone who's ever done business with Wells Fargo—whether it's a checking account, a car loan, a credit card, or a home loan, could be a victim of this fraud. Check your statements carefully.
Then, check your credit reports to see if there are any strange Wells Fargo accounts opened without your permission. To get your FREE annual credit report directly from the credit reporting agencies, send a letter to each agency (addresses below) that says:

My name is [NAME]. I am requesting my free credit report because I may be a fraud victim. Please send me my free credit report to the address below and redact the first five numbers of my social security number. Please permanently opt me out of promotional offers. Please mail my free credit report to me at my mailing address:

]]>4990Florida Shuts Down Foreclosure Scammers—Fake Lawyers Arrestedhttp://ricardolaw.com/florida-shuts-down-foreclosure-scammers-fake-lawyers-arrested/
Sun, 25 Sep 2016 15:58:25 +0000http://ricardolaw.com/?p=4988Fake "lawyers" who scammed foreclosure victims in Florida are now facing jail time, and Florida officials have shut down their fraudulent scheme, the state announced this month. Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their […]

]]>the state announced this month.
Adam Todd Forman, Joseph Anton Hilton (alias Joseph Starr), and Victor Spagnuolo ran a number of fake law firms that took money, promising to help people save their home from foreclosure, but never delivered what they promised. Forman, Hilton, and Spagnulo were never lawyers at all, but they ran several fake "law firms" including Asset Protection Law Firm, Heritage Law Group, Liberty Law Group, Consumer Legal Resources, Consumer Legal Advocates, Legal Referral Services, Galler Lehman Law, and Selective Housing Solutions.
Many of the people who feel victim to these scammers are now facing the loss of their homes, even though they did the right thing and tried to get legal help with their foreclosures. Unfortunately, the people they ended up paying weren't lawyers at all, but con-artists.
Want to protect yourself from scam artists like this? Our free Consumer’s Guide to Defending Florida Foreclosure contains a whole section devoted to the TEN WARNING SIGNS of a foreclosure rescue scam and much, much more. Download it for free today.

]]>4988Win, Baby, Win! Ricardo & Wasylik Crushes it for Clientshttp://ricardolaw.com/win-baby-win-ricardo-wasylik-crushes-it-for-clients/
Tue, 12 Apr 2016 02:27:39 +0000http://ricardolaw.com/?p=2380The last few weeks have seen a flood of new victories for the firm on behalf of its clients. Here are just a few. The most public victory we've had came when Jason appealed a trial loss—and convinced the appellate court that he actually won! That case, Sorrell v. U.S. Bank, N.A. [PDF], not only […]

]]>Sorrell v. U.S. Bank, N.A. [PDF], not only reversed the trial court's ruling, it sent back an order to dismiss the case. The court ruled:

In light of the wealth of current case law on this issue, it should no longer be a surprise to a foreclosure plaintiff that it must prove that it had standing to foreclose on the date the original complaint was filed… And attempting to bedazzle the trial court with documents establishing all sorts of facts unrelated to standing at the inception of the case will not carry the day.

Other recent victories include:
Hillsborough County: At trial, the judge granted our motion to dismiss the case based on Nationstar's failure to prove that the notice letter required by the mortgage actually got sent. Also, the judge had concerns that Nationstar failed to prove it had acquired the right to foreclose.
Bay County: This case from Florida's panhandle turned on two issues: standing (the right of this particular bank to foreclose) and sending the notice required by the mortgage. After a hard-fought trial, and preparation of an extensive legal briefing outlining why our client should win, R&W received the news a few weeks later that the judge agreed with us on both those points, and dismissed the case.
Pasco County: Right in our backyard, this case went forward even though both sides wanted to reschedule to allow the bank time to consider a loan modification. The judge denied it, but everything turned out great for our client when the bank failed to prove it sent the required notice. Case dismissed!
Flagler County: This case was a hard-fought battle, involving many complicated legal issues. R&W argued that the bank didn't have the right to foreclose because it caused the supposed "default" when it lied to our client about qualifying for a loan modification. But the victory came because standing was a complete mess: the bank had recorded two conflicting assignments of mortgage showing different chains of ownership; then it introduced a note with an undated indorsement showing a third, conflicting, chain of ownership; and finally, introduced a Pooling and Servicing Agreement that showed a fourth, conflicting, chain of ownership. The trial judge, despite being one of the smartest we've met, couldn't untangle this mess, and in the face of the conflicting evidence, dismissed the case.
Pasco County: Another case in our backyard, and another denial by the judge to reschedule due to a pending loan modification. And once again, the same result: case dismissed! This time, it was a loan backed by the Federal Housing Administration (FHA) and R&W convinced the judge that the bank failed to obey federal regulations that attach to FHA-guaranteed loans.
With several more trials on our calendar in the near future, we're hoping for several more wins on behalf of the families we represent.

]]>2380While other lawyers abandon foreclosure defense, Ricardo & Wasylik is putting the pedal to the metal!http://ricardolaw.com/while-other-lawyers-abandon-foreclosure-defense-ricardo-wasylik-is-putting-the-petal-to-the-metal/
Tue, 29 Dec 2015 23:32:20 +0000http://ricardolaw.com/?p=2341As seen in: The Tampa Bay Times ran a front-page story today detailing how many attorneys are bailing out of the fight to protect Florida homeowners facing foreclosure. But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our […]

But while some lawyers are throwing in the towel, the Ricardo & Wasylik firm is just getting started. Here's what reporter Susan Martin wrote after interviewing our firm:

Not all foreclosure defense attorneys, however, say business has slumped.

I get between 90 and 100 people contacting our office over foreclosure defense issues a month and that number is actually growing, said Michael Wasylik, a Dade City attorney. Partly, I think, that's because (lawyers) who used to do this have gotten out. When it got really popular, a lot of lawyers who weren't really able to do anything else started doing it and I think that as their business dried up we were getting referrals from other lawyers and past clients.

Like most foreclosure defense practices, Wasylik's firm offers clients options that include negotiating with the bank on a short sale or loan modification. For many borrowers, though, the goal is to get the case dismissed even though banks generally refile.

I have one family that was filed on four times and beat all four cases and there's been no activity at all from the bank since the last dismissal about a year ago, Wasylik said. That family had active cases starting in 2007 and we've kept them in their home that long.

If you want to speak with a lawyer who's going to fight for you instead of throwing in the towel, give us a call today at 352-567-3173 to set up your appointment.

]]>2341Florida Supreme Court hears argument in Bartram vs. U.S. Bank—How many chances does a bank to get it right?http://ricardolaw.com/florida-supreme-court-hears-argument-in-bartram-vs-u-s-bank-how-many-chances-does-a-bank-to-get-it-right/
Thu, 17 Dec 2015 05:25:09 +0000http://ricardolaw.com/?p=2331What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank. The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure […]

]]>
What if one side had unlimited chances to win? That's the question before the Florida Supreme Court in Bartram v. U.S. Bank.
The Florida Supreme Court heard argument from lawyers on both sides to address the question of whether there is any limit on a bank's right to try, try again after losing a foreclosure case.
The video above demonstrates that the justices had a number of questions about the issue. Some of the justices seemed committed to the idea that the statute of limitations should apply to banks just like it does to other litigants, and others seemed to be persuaded by the fact the most states do impose limits on banks' attempts to foreclose. Others kept their thoughts to themselves.
It's way too early to predict what the Court will decide—and their opinion could come anytime from next week to next year—but we hope that the court decides the rule of law applies to banks just like it does to all the rest of us.

]]>2331Is someone else living in your house?http://ricardolaw.com/is-someone-else-living-in-your-house/
Mon, 26 Oct 2015 00:35:57 +0000http://ricardolaw.com/?p=2315Service of Process and Void Judgments Every so often, we get a call: "I didn't even know I was in foreclosure!" It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and […]

]]>Service of Process and Void Judgments
Every so often, we get a call:
"I didn't even know I was in foreclosure!"
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
We’ve posted a video on our web page where we discuss this topic. Click here to watch the video.

]]>2315Ricardo & Wasylik wins 2015 Pro Bono Law Firm of the Year awardhttp://ricardolaw.com/ricardo-wasylik-wins-2015-pro-bono-law-firm-of-the-year-award/
Fri, 23 Oct 2015 19:00:29 +0000http://ricardolaw.com/?p=2301An Award-Winning FirmRicardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida. How Ricardo & Wasylik serves the people of Florida The award recognized that over the last year, […]

An Award-Winning Firm

Ricardo & Wasylik is proud to announce receiving the 2015 Pro Bono Law Firm of the Year award from Community Legal Services of Mid-Florida, which provides legal services to people in twelve counties across central Florida.

How Ricardo & Wasylik serves the people of Florida

The award recognized that over the last year, Ricardo & Wasylik provided more than 100 hours of pro bono assistance to CLSMF. The firm co-counseled two foreclosure trials and one appeal, which resulted in a settlement that kept the client in his home. The firm also provided extensive training to CLSMF in litigation techniques, including application of the evidence code and the use of depositions in discovery.

About Community Legal Services of Mid-Florida

Community Legal Services of Mid-Florida is the primary provider of free legal aid for low to moderate income residents in Central Florida. Since 1966, CLSMF has provided legal assistance and advocacy to help the people of Central Florida obtain the basic necessities of life: food, shelter, health care, safety and education.

]]>McCormick 106 LLC, v. Adjoda. The original loan came from BankUnited, FSB, a bank the FDIC shut down three months before its lawyers filed suit against our client in 2009. Yes, you read that right: a bank that no longer existed, one the FDIC had shut down and seized all its assets, filed suit claiming to have the right to enforce a loan.
Talk about zombies.
After years of protracted litigation, the case finally went to trial in 2014. R&W attorney Mike Wasylik persuaded the judge to enter judgment in favor of the homeowner for a few reasons:

Lack of standing: because BankUnited FSB, during the FDIC shutdown, assigned all of its assets away to a new bank, it could not have had the right to enforce the note or mortgage when it filed suit.

Failure to prove compliance with § 559.715, Fla. Stat.: Although Adjoda, in her answer, denied that the plaintiff had given the notice required under § 559.715, the bank introduced NO evidence at trial to prove they did.

Failure to prove compliance with Paragraph 22 of the mortgage: The plaintiff's witness, at trial, could not testify about the authenticity of records regarding the delivery of the ¶ 22 notice letter.

The plaintiff appealed, claiming that the judge should have admitted the ¶ 22 letter, and that the plaintiff had proven standing. They didn't bother to brief the issue of § 559.715. That error was probably fatal. On October 15, 2015, the appellate court upheld the trial court judgment without opinion, leaving us with a complete victory.
You can read:

]]>2285Is Someone Else Living in Your Home?http://ricardolaw.com/is-someone-else-living-in-your-home/
Sun, 27 Sep 2015 21:16:00 +0000http://ricardolaw.com/?p=2280Every so often, we get a call: I didn't even know I was in foreclosure! It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else […]

]]>I didn't even know I was in foreclosure!
It seems strange, but some people lose their homes to foreclosure even though they never learn of the lawsuit. The court case rolls on without them, the court enters judgment and holds a sale—and in the worst cases, someone else buys the home and moves in.
How could this happen?
Usually, this is a the result of some kind of defect in the service of process, meaning that the very first notice of the lawsuit never gets delivered to the right person. And because the first notice was never given, the homeowner never gets any of the papers from the rest of the court case.
At Ricardo & Wasylik, we've handled a number of these types of claims. Typically, it's for a homeowner who was away for some length of time (maybe on a long trip, or an out-of-town job posting) or for someone who lost a second home to foreclosure. And when they come home, they find someone else living in their house.
But there is a bright side—the service of process has to follow strict rules or it's no good. So if a process server made a mistake (or even worse, didn't even try to get it right) you have a chance to get the sale set aside, and take back your home. Or, if you'd rather walk away, in many case we can get the bank to write a check to you for the house. That's right—the bank might pay you if they took your home away without notice.
If you lost your home to foreclosure, and never knew about the foreclosure suit, you might have the right to claim money or get your house back. We might be able to help. Please contact us to set up a time to discuss your case with one of our attorneys.
In the meantime, here's a video we posted that discusses this topic: